Introduced by:
Date:
Hearing:
Action:
Vote:
Bagley, Ogle
05/19/15
06/16/15
KENAI PENINSULA BOROUGH
ORDINANCE 2015-14
AN ORDINANCE AMENDING KPB CHAPTER 21.18 TO REPEAL THE KENAI
RIVER, MAJOR WATERS, WEST, SOUTH, AND NORTH DISTRICTS AND ADD THE
KENAI RIVER WATERSHED DISTRICT AND KASILOF RIVER WATERSHED
DISTRICT
WHEREAS, several amendments have been made to KPB Chapter 21.18 adding anadromous
waters to be regulated by the 50-foot anadromous habitat setback; and
WHEREAS, the extensive addition of waters to the habitat protection district through
Ordinance 2011-12 was highly controversial and many property owners impacted
by the new regulations expressed concern, especially to the application of KPB
21.18 to lakes; and
WHEREAS, the primary waters in need of protection are found in the Kenai Watershed and the
Kasilof Watershed; and
WHEREAS, reducing the number of regulated waters would require less permitting and
enforcement for the planning department’s River Center in these fiscally
challenged times; and
WHEREAS, the major changes made by the Anadromous Fish Habitat Protection Task Force
resulting in the enactment of Ordinance 2013-18 can be retained while deleting
the waters in west, south, and north districts from regulation;
WHEREAS, the planning commission reviewed this ordinance at its
meeting and recommended
;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That KPB 21.18.025 is hereby amended as follows:
21.18.025. Application.
A. The following anadromous waters, as identified in the "Atlas and Catalog of
Waters Important for Spawning, Rearing, or Migration of Anadromous Fish"
published by the Alaska Department of Fish and Game (ADF&G) and listed in
Kenai Peninsula Borough, Alaska
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Ordinance 2015-14
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the KPB 21.18 Appendix adopted by the assembly and incorporated herein by
reference, are subject to this chapter:
1.
Kenai River Watershed District.
2.
Kasilof River Watershed District.
[1.
KENAI RIVER DISTRICT ANADROMOUS
CHAPTER ON MAY 15, 1996.
2.
MAJOR WATERS DISTRICT ANADROMOUS
CHAPTER ON MAY 16, 2000.
3.
WEST DISTRICT ANADROMOUS WATERS.
4.
NORTH DISTRICT ANADROMOUS
BEGINNING JANUARY 1, 2014.
WATERS MADE SUBJECT TO THIS
CHAPTER
5.
SOUTH DISTRICT ANADROMOUS
BEGINNING JANUARY 1, 2014.]
WATERS MADE SUBJECT TO THIS
CHAPTER
WATERS MADE SUBJECT TO THIS
WATERS MADE SUBJECT TO THIS
B. The reach of streams subject to this Chapter shall be defined by the beginning
and end points of the anadromous waters as identified in the Catalog, unless
otherwise specified in KPB 21.18.
C. The following waters are excluded from regulation by KPB 21.18:
1.
All portions of waterways found within the Seward-Bear Creek Flood
Service Area are exempt from KPB 21.18
2.
Braided Channels, Tide Dominated Deltas, Estuaries and Lagoons which
are primarily seawater and are identified as anadromous in the State of
Alaska Atlas and Catalog of Waters Important for Spawning, Rearing, or
Migration of Anadromous Fish are exempt from KPB 21.18
D. Lands within the habitat protection district adjacent to the anadromous waters set
forth in KPB 21.[28]18.025(A) and the KPB 21.18 Appendix are subject to KPB
21.18.090 governing prior existing uses and structures, as of the date the land
becomes subject to this chapter.
E. The KPB 21.18 Appendix shall be available at the clerk’s office, on the borough
web page, and other locations as determined by the mayor for ease of access by
the public.
Ordinance 2015-14
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Kenai Peninsula Borough, Alaska
SECTION 2. That KPB 21.18.090(C) is hereby amended as follows:
21.18.090. – Prior existing uses and structures.
C. Structures. Structures which were under construction or in use before the effective
date of any provision of this chapter, but that would be prohibited or restricted
under the terms of this chapter, shall be allowed to continue, provided that a
structure under construction must have been substantially completed by April 16,
1998 [FOR THE ANADROMOUS WATERS SET FORTH IN KPB 21.18 APPENDIX KENAI
RIVER DISTRICT], May 16, 2002, [FOR THE ANADROMOUS WATERS SET FORTH IN
KPB 21.18 APPENDIX MAJOR WATERS DISTRICT, JANUARY 1, 2014 FOR THE
ANADROMOUS WATERS SET FORTH IN KPB 21.18 APPENDIX WEST DISTRICT, AND]
or January 1, 2016 [FOR THE ANADROMOUS WATERS SET FORTH IN KPB 21.18
APPENDIX SOUTH DISTRICT AND NORTH DISTRICT] as identified by the effective
date for regulation of each water set forth in the Kenai Peninsula Borough 21.18
Appendix.
1.
Upon application and approval of a prior-existing structure/use permit by
planning department staff principal structures may be replaced, repaired or
reconstructed within three years after damage or destruction. If a principal
structure is not substantially damaged and only a portion of the structure
has been damaged or destroyed, only that portion may be repaired or
replaced. The height of an original principal structure and area
encompassed by the original footprint cannot be increased, unless
necessary to comply with the requirements of KPB 21.06. The structure
must be similar in size and use to the structure being repaired or replaced.
Repair, replacement, or reconstruction may only encompass the same
square footage that the structure occupied prior to damage or destruction,
and the structure must be more compliant with this chapter which shall be
determined by application of mitigation measures set forth in KPB
21.18.091 to the maximum extent practicable. Staff will determine the
mitigation measures to be used consistent with the following conditions:
a.
The structure will not increase significant erosion, sedimentation,
damage to the habitat protection district, an increase in ground or
surface water pollution, and damage to riparian wetlands and
riparian ecosystems;
b.
Permitting repair, reconstruction, or replacement shall be
consistent with the purposes of this chapter as set forth in KPB
21.18.020, the borough comprehensive plan, another applicable
chapters of the borough code, and other applicable planning
documents adopted by the borough;
c.
The reconstruction, replacement, or repair will not damage the
adjoining property;
Kenai Peninsula Borough, Alaska
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Ordinance 2015-14
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d.
Removal of materials or debris remaining from the damage or
destruction; and
e.
Owner's compliance with other borough permits and ordinance
requirements.
2. The right to reconstruct in nonconformity with the chapter is forever lost if:
a.
the application for reconstruction or repair is not made within 24 months
after the date of accidental damage or destruction or within 6 months prior
to the owner’s intentional damage or destruction, or
b.
the application is approved but the structure is not substantially
reconstructed within 36 months of the date of the approval of the
application for reconstruction.
(i)
For reasonable and sufficient cause shown for the delay, the
director of planning may authorize an extension not to exceed 12
months to complete reconstruction.
(ii)
To obtain an extension of time an applicant shall submit a written
request for an extension to the planning department prior to the
expiration of the 36 months reconstruction period. The applicant
must show reasonable and sufficient cause for the extension.
3. Nothing in this section prohibits reconstruction at any time in compliance with
this chapter.
4. The provisions applicable to principal prior existing structures set forth in KPB
21.18.090(C)(1), (2), (3) also apply to the replacement, repair or reconstruction of
accessory structures within the habitat protection district. In addition to those
provisions the following rules apply to accessory structures:
a.
b.
Accessory structures may be replaced or reconstructed outside of the
habitat protection district without a KPB 21.18 permit.
The applicant must document the specific circumstances that would
prevent the accessory structure from being located outside of the habitat
protection district in order to be permitted to replace, or reconstruct the
accessory structure within the habitat protection district.
5. Any prior existing structure which has been declared a public nuisance, health or
fire hazard pursuant to KPB 21.16.010 shall thereafter not be conducted, used or
occupied except in conformity with the provisions of this chapter. The Planning
Department may require removal of structures which have been declared a public
nuisance, health or fire hazard pursuant to KPB 21.16.010.
Ordinance 2015-14
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Kenai Peninsula Borough, Alaska
SECTION 3. That KPB 21.18.140 Definitions is hereby amended as follows:
...
“Kasilof River” shall mean the main stem of the river from and including
Tustumena Lake to the east-west ¼ line of Section 12, T3N, R12W, S.M. AK.
The main stem shall include all sloughs, channels, boat basins, distributaries,
lakes, and lagoons.
"Kenai River" shall mean the main stem of the river from and including Kenai
Lake to the [MOUTH] Warren Ames Bridge including Skilak Lake. The main stem
shall include all sloughs, channels, boat basins, [DIS]tributaries, lakes and lagoons.
[FOR THE PURPOSE OF THIS CHAPTER, THE MOUTH SHALL BE DESCRIBED AS THE
WESTERN MOST SECTION LINE COMMON TO SECTION 5 AND SECTION 8, T5N, R11W,
SEWARD MERIDIAN.]
...
SECTION 4. That this ordinance shall take effect immediately upon its enactment.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS *
DAY OF * 2015.
Dale Bagley, Assembly President
ATTEST:
Johni Blankenship, Borough Clerk
Yes:
No:
Absent:
Kenai Peninsula Borough, Alaska
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Ordinance 2015-14
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